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Kids Away Ltd
Terms and Conditions
Please read these Terms and Conditions carefully, they contain important information about your rights and obligations. These are the general Terms and Conditions governing your use of the Kids Away ltd websites and our services.
Definitions
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Kids Away Ltd – A Limited company whose regisetered office is 6 Frosty Hollow, East Hunsbury, Northampton, NN4 0SY
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Web Site – The web sites under the domain names www.kids-away.com, www.kids-away.co.uk and www.kids–away.net and any derivatives thereof including but not limited to its contents and information, and all services offered therein and made available to the Customer
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Customer, You, Your – The customer of Kids Away
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Us, We, Our – Kids Away Ltd
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Terms & Conditions - The Terms and Conditions of business of Kids Away Ltd from time to time, including Terms and Conditions regulating the use of the Web Site.
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Agreement – Any contract formed between you and us
1.0 Introduction
1. By accessing or using the Web Site You accept and agree to be legally bound by this Agreement and the Privacy Policy, as they may be amended or supplemented from time to time by Kids Away Ltd.
2.0 Changes to the Terms and Conditions
1. Kids Away Ltd may from time to time, make changes to the Terms and Conditions at its sole and absolute discretion.
2. Any changes made by Kids Away Ltd to the Terms and Conditions will be effected by update by Kids Away Ltd, its agent or appointed representative, to the Web Site. The effective date of the most up-to-date Terms and Conditions will be specified on the Web Site.
3. For the avoidance of doubt it is Your responsibility to familiarise Yourself with the most recent version of the Terms and Conditions each time You use the Web Site as they may have changed since Your last visit.
4. You agree that Kids Away Ltd has no obligation to You to provide any other form of notification of amendment to the Terms and Conditions than the method outlined at
5. Though a non-exhaustive list, some possible reasons for Kids Away amending the Terms and Conditions might be as follows:-
1. Changes in market conditions affecting Our business; or
2. Changes in technology; or
3. Changes in payment methods; or
4. Changes in relevant laws and regulatory requirements; or
5. Changes in Our system's capabilities.
6. You will be subject to the Terms and Conditions in force at the time that You order the Goods from Us, unless any change to the Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to the Terms and Conditions before We send You the Confirmation (in which case we have the right to assume that You have accepted the change to the Terms and Conditions).
3.0 Your use of the web site
1. Your Use of the website is with the permission of Kids Away Ltd, subject to the Terms and Conditions.
2. Your use of the website constitutes your acceptance of the Privacy Policy.
3. Your use of the website constitutes your acceptance of the Terms and Conditions.
4. You warrant and undertake that:-
· The Personal Information You provide is accurate and complete and that all ordering or registration details (where applicable) contain Your correct name, address and any other details requested as part of the process of forming this Agreement with Kids Away Ltd; and
· You will not use Our Web Site for any purpose that is illegal or is prohibited by the Terms and Conditions.
· Your computer system meets all relevant technical specifications necessary to use the Web Site and is compatible with the Web Site; and
· You are legally capable of entering into binding contracts; and
5. In the event of any breach by You of the Terms and Conditions, whether intended by You or not, the permission to use the Web Site terminates immediately and without notice being given to You.
6. We reserve the right to deny access to the Web Site to any person who fails to comply with the Terms and Conditions.
4.0 Formation of the agreement
1. For you to place an order, you must first confirm Your acceptance of the Terms and Conditions which will then provide the basis of the Agreement formed between you and us.
2. The ordering process and formation of the Agreement will then take place as follows:-
1. After placing an order, you will receive an e-mail from us acknowledging that we have received Your order.
2. Your order constitutes an offer to us to buy Goods but does not mean that your order has been accepted by us.
3. If your order is accepted by us, we will confirm acceptance to you by email (" the Confirmation") to the email address you provide either on ordering. The order will then be fulfilled by the date set out in the Confirmation.
4. The Agreement will only be formed when we send you the Confirmation and you acknowledge that these Terms and Conditions shall govern the Agreement and that no other Terms and Conditions shall at any time govern the Agreement.
3. For the sake of completeness the Agreement is formed at the point at which the Confirmation is sent by us, not the point at which the Confirmation is received by you.
4. The Agreement will relate only to those goods shown in the confirmation. We will not be obliged to supply any other goods which may have been part of your order until the acceptance of such goods has been communicated in a separate confirmation.
5. We reserve the right at our absolute discretion to refuse any order placed by you.
6. If any of the goods are unavailable:-
1. We may provide to you a substitute of equivalent quality and price but matching the same general description of the unavailable Goods.
2. If the substitute item provided is unacceptable You may return the item to us, unopened and at your expense, within 28 days of the date of delivery and a refund will be provided to you for the full price of the item (but not any return postage charges incurred by you).
5.0 Security
1. You are solely responsible in all respects for all use and protecting the confidentiality of any username, e-mail verification and password (" Security Details") that may be given to you or selected by you for use on the Website.
2. You may not share the security details with or transfer the security details to any third parties without the express written consent of Kids Away. You must notify Kids Away immediately of any unauthorised use of the Security Details or any other breach of security regarding the website that comes to your attention.
6.0 Delivery
1. Any times or dates stated on the website for delivery of goods are estimates only.
2. Kids Away Ltd will make all reasonable effort to deliver goods within the time specified, but does not accept liability for any failure to deliver within that time.
3. Kids Away Ltd provides information about the delivery of goods on the website and this can be accessed by clicking here or can be requested from us in writing at the address shown in these Terms and Conditions.
4. For the avoidance of doubt the delivery information referred to at 7.3 forms a part of the Terms and Conditions.
5. Your use of this website constitutes acceptance of the delivery information referred to at 7.3.
6. You are responsible for providing us with full and accurate details of the delivery address to enable us to deliver the Goods to You.
7. You acknowledge the particular importance of ensuring that address details are accurate and correct particular attention must is required for foreign destinations.
8. We shall not be liable for any penalty, loss, damage or expense arising from incorrect or insufficient address details.
9. If for any reason you fail to accept delivery of any goods when ready for delivery, or we are unable to deliver the Goods on time because you have not provided appropriate instructions the goods shall be deemed to have been delivered to you.
7.0 Risk and title to the goods
1. The goods will be at your risk from the time they are despatched by us.
2. Ownership of the goods will only pass to you when we receive full, cleared payment of all sums due in respect of the goods, including any delivery or other administrative charges.
8.0 Price and payment
1. The price of goods is the price in force at the date and time of your order, except in cases of obvious error.
2. We may change the Price before you place an order.
3. We try to ensure that our prices displayed on the website are accurate, however:-
1. You agree and accept that the Price will need to be validated by us as part of the acceptance procedure contained herein; and
2. We will inform you if the price is higher than as stated in your order and you may cancel the order and decide whether or not to order the goods at the price.
4. The website displays a considerable number of Goods and it is always possible that, despite our best efforts, some of the goods listed on the website may be incorrectly priced.
5. We will verify the Price as part of our acceptance procedures. As a result:-
1. Where the correct price is actually less than the price shown on the website, we will charge the lower amount when dispatching the goods to you.
2. Where the correct price is higher than the price stated on the website, we will normally, but at our absolute discretion, either contact you for instructions before despatching the Goods, or reject your order and notify you of such rejection.
6. Where an error in pricing occurs, resulting in a lower price showing on the website than the price, and where the error is:-
1. Obvious; and
2. Unmistakeable; and
3. Could have reasonably been recognised by you as a pricing error,
We are under no obligation to provide the Goods to you at the incorrect price, even after we have sent you the confirmation.
7. Payment for the goods must be made at the time of the order, and payment will be taken by us when we send the confirmation.
8. We only accept the following methods of payment:-
1. Paypal your use of the website constitutes your confirmation that you are familiar with the Paypal system of payment.
9.0 Cancellations and changes to orders
1. Subject to the following you may cancel or change your order at any time.
1. If you cancel your order within the Fourteen days before the delivery date all monies paid at the point of order will be retained by Kids Away Ltd and you will not be entitled to any refund.
2. If you change your order within Fourteen days before the delivery date, the change will be treated and take effect as a separate new order by you for new Goods in accordance with the Terms and Conditions. Any existing order will be carried out by Kids Away Ltd in full in accordance with the Terms and Conditions and no refunds will be provided for the existing order under any circumstances.
3. If you change your order no less than fourteen days from the delivery date you will be charged an additional administration fee of £10 which must be paid at the time you make the change to your order.
4. If you cancel your order more than fourteen days from the delivery date Kids Away ltd will refund to you the cost of the goods and any delivery charges paid by you at the point of order but you will not be entitled to a refund of the administration charge.
2. If upon receipt of the goods you discover that any of the goods are faulty you must return these faulty Goods, at your cost, to Kids Away Ltd within 28 days of the delivery date. Upon receipt by Kids Away Ltd of the faulty Goods a refund will be given to you in the full cost of the faulty goods by way of refund via the method of payment made by you at the time you placed your order.
3. Kids Away Ltd will not issue a refund under any circumstances for goods which are returned by you and which are:-
1. Not faulty or damaged; and
2. Ordered by you in accordance with the Terms and Conditions.
4. In the event that you choose to cancel the agreement in accordance with these Terms and Conditions:-
1. You must return the goods to us immediately and in the same condition in which you received them, at your own cost and risk.
2. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10.0 Our liability to you
1. We warrant to you that any product purchased from us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
3. This does not include or limit in any way our liability:-
1. For death or personal injury caused by our negligence; or
2. Under section 2(3) of the Consumer Protection Act 1987; or
3. For fraud or fraudulent misrepresentation; or
4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
1. loss of income or revenue; or
2. loss of business; or
3. loss of profits or contracts; or
4. loss of anticipated savings; or
5. loss of data; or
6. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise,
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of this clause 11 or any other claims for direct financial loss that are not excluded by any of categories contained in this clause.
5. Where you buy any goods from a third party seller through the website, the seller's individual liability will be set out in the seller's Terms and Conditions and you will be taken to have read those Terms and Conditions.
6. We cannot and do not guarantee or warrant that any material available for downloading from the website will be free from infection, viruses and/or other code that has contaminating or destructive properties.
7. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
11.0 Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the agreement that is caused by events outside our reasonable control (a " Force Majeure Event").
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) the following:-
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance of the Agreement for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
12.0 Severability
1. If any of the Terms and Conditions or any provisions of the Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.0 Entire Agreement
1. The Terms and Conditions and any document expressly referred to in them represent the entire agreement between us and you in relation to the subject matter of the agreement and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. The parties hereby acknowledge that, in entering into this agreement, they have not relied upon any representation, undertaking or promise given by either party or believe anything to be implied from anything said or written in negotiations between us and you prior to the formation of the agreement except as expressly stated in these Terms and Conditions.
3. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of the agreement. Whilst we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from the Terms and Conditions to be confirmed to you in writing should you wish to rely on them.
14.0 Applicability of online materials
1. Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
2. The website is controlled and operated by us from our offices in England. Where content published on the Web Site is provided by third parties, you acknowledge that we do not control or endorse such content in any way.
3. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to goods you purchase.
4. You assume total responsibility and risk for your use of our website and use of all information contained within it.
5. We have used our best endeavours to ensure that the website complies with the governing law and jurisdiction although we do not warrant the accuracy and completeness of the material on the website.
6. We also make no representations that the materials on our website are appropriate or available for use in locations outside the countries to which we deliver. Those who visit the website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
7. If use of the website and/or viewing of it, or use of any material or content contained therein, or goods offered through it, are contrary to or infringe any applicable law in your jurisdiction(s), You are not authorised to view or use the website and must immediately cease and desist further use.
8. We make no representations and gives no warranties, express or implied that making the goods available in any particular jurisdiction outside the jurisdiction governing the agreement is permitted under any applicable non-UK laws or regulations. Accordingly, if making the goods or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those goods are not offered for sale to You.
9. You accept that if you are resident outside of the jurisdiction governing the agreement, you must be satisfied that you are lawfully able to purchase the goods. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the goods by persons in jurisdictions outside the jurisdiction governing the agreement, or who are nominees of or trustees for citizens, residents or nationals of other countries.
15.0 Written Communications
1. Applicable laws require that some of the information or communications We send to You should be in writing.
2. When using the Web Site, You accept that communication with Us will be mainly electronic.
3. We will contact you by e-mail or provide you with information by posting notices on the website.
4. For the purposes of the agreement, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16.0 Notices
1. All notices given by you to us must be given to:- Kids Away Ltd, 6 Frosty Hollow, East Hunsbury, Northampton, NN4 0SY or by email to info@kids-away.com
2. We may give notice to you at either the email or postal address You provide to us when placing an order, or in any of the ways specified in clause 16.
3. Notice will be deemed received and properly served:-
1. immediately when posted on the website; or
2. 24 hours after an email is sent to you; or
3. three days after the date of posting of any letter to you.
4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
17.0 Transfer of rights and obligations
1. The contract between you and us is binding on you and us and on our respective successors and assigns.
2. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
18.0 Intellectual property rights
1. The contents of the website are protected by copyright laws and other intellectual property rights (" the Rights"), which include, but are not limited to all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
2. The owner of the Rights is Kids Away Ltd, its affiliates or other third party licensors.
3. All product, partnership and company names and logos mentioned in the website are the trade marks, service marks or trading names of their respective owners, including us.
4. You may download material from the website for the sole purpose of placing an order with us or using the website as a shopping resource.
5. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
19.0 Links to other websites
1. The website, or third parties on the website, may provide links to other sites and/or resources, including advertisers, over which Kids Away ltd has no control. Such links are provided solely as a convenience and an aid to users of the website and should not be construed as an endorsement by Kids Away ltd of content, items, or services on those third-party Web Sites.
2. You agree to access and use such sites, including the content, items, or services on those sites, solely at Your own risk.
3. Kids Away ltd makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked websites.
4. You agree that Kids Away ltd has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.
20.0 Law and jurisdiction
1. The Agreement for the purchase of the Goods through Our site will be governed by English law.
2. Any dispute arising from, or related to, the Agreement, shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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